HomeMy WebLinkAboutOrdinance No. 20-19961
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Ordinance No. 20 -96
AN ORDINANCE OF 'DM CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110,
ZONING, BY AMENDING SECTION 110 -171,
ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES;
ESTABLISHING EXCEPTIONS TO CERTAIN DISTANCE
REQUIREMENTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES
AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY DM CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Chapter 110, Zoning, Article IV, Special Exceptions, Division 2, Alcoholic Beverages,
Section 1190 -171, Establishments Serving Alcoholic Beverages, Subsection (2), is hereby deleted in its entirety,
and the following is adopted in lieu thereof:
(2) The establishment of a vendor license by the state division of alcoholic beverages and tobacco
permitting on- premises consumption of beverages shall not be located within 2,000 feet of
another licensed establishments. The specific distance shall be measured in a straight line,
without regard to intervening structures, from the closest exterior structural wall of each such
establishment. Further, the establishment shall be in compliance with Florida Statutes Chapters
561 through 568. Provided, however, exceptions to this subsection are:
a. Restaurants seating 200 or more persons.
b. Hotels and motels with 50 or more guest rooms.
c. Restaurants licensed by the state division of alcoholic beverages and tobacco for malt
beverages only or malt beverages and wine only, provided the following are complied
with:
1. The establishment shall have the capacity for and have in existence at least 25
seats for the serving of meals. No area within the establishment may be
specifically designed for a bar or lounge operation.
2. Consumption of food and malt beverages or wine shall be on- premises only;
however, food carry-out without the alcoholic beverages may be permitted.
3. A restaurant licensed under this exception shall not derive less than 51% of its
gross income from the sale of nonalcoholic beverages and food prepared, sold
and consumed on the premises. The obligation to sell 51% food and
nonalcoholic beverages is a continuing obligation. It is a violation of this
zoning code to sell wine and malt beverages granted under this exception
unless the restaurant has derived at least 51% of its gross income from the sale
of food and nonalcoholic beverages. Such percentage shall be determined by
calculating the average monthly gross revenue from the sale of food and
nonalcoholic beverages for the immediately previous 12 -month period. The
owner of the restaurant shall submit a signed affidavit attesting to the
compliance of the required percentage. Said affidavit shall be binding upon the
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City of Cape Canaveral
Ordinance No. 20 -96
Page 2
owner of the restaurant. The owner shall also retain cash register receipts, guest
checks and ledgers which may be reviewed at the request of the City to
determine compliance. Failure to provide records requested shall be grounds for
revocation of its occupational license and special exception granted under this
section. The restaurant, if advertised, shall be advertised and held out to the
public to be a place where meals are prepared and served.
4. Sale or consumption of malt beverages and wine shall be limited to the time
period set by chapter 6.
d. Chapters or incorporated clubs or veteran fraternal organizations conforming to Florida Statutes
565.02(4).
SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held to
be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed
to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part.
SECTION 3. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts of an ordinance
or resolution, in conflict herewith are repealed.
SECTION 4. EP tCTIVE DATE. This Ordinance shall take effect immediately upon its
adoption. i , r=
AUPTED BY the City Cgcil of the City of Cape Canaveral, Florida, this 17 day ofSept ., 1996.
Approved as to Form:
Name
Burt Bruns
Leo Nicholas
Buzz Petsos
John Porter
Rocky Randels
First Reading:
Posted:
Published:
Second Reading:
For Against
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September 3, 1996
September 4, 1996
September 8, 1996
September 17, 1996